1983 Supreme(MP) 330

C. P. Sen, J.
Surendra Kumar James v. Managing Committee, Local Methodist Church.
Misc. Cr. Case No. 348 of 1983 (J); Decided on 12-9-1983.

Headnote:(1) Public Trust Act, 1957 (M. P.) -- S. 32 -- provision under -- has no application to criminal proceedings.

        (2) Penal Code, 1860 -- Ss. 427 and 447 -- property of society damaged after committing trespass -- anyone incharge of the property can file complaint -- pendency of suit is also not a bar.

        The non-appellant No. 1 is a Managing Committee of Local Methodist Church circuit Balaghat and the complaint has been filed through Dr. R. W. Joseph as he has been authorised to file the complaint. The allegation is that on the night between 9 to 10 March, 1980 the applicant broke the boundary wall of the Church of length 6 to 7 feet causing loss of Rs. 165. The earlier complaint was dismissed in revision by the Addl. Sessions Judge as he found there was no authorisation to Dr. R. W. Joseph to file the complaint on behalf of the Managing Committee. The non-applicant No. 1 has filed the registration Certificate under the M. P. Societies Registration Act, 1973. And also the minutes of the General body meeting of the Church Circuit dt. 16-3-1980 authorising Dr. Joseph to file the complaint. After recording statements of Dr. Joseph and one witness Babamiyan the complaint has been registered under Sec. 427 read with Sec. 447 I. P. C. and process issued to tire applicant. His main objection is that the non-applicant No. 1 is a public trust and in view of Sec. 32 of the M. P. Public Trusts Act, 1951, no cognizance of the complaint can be taken unless it is registered as a public trust and secondly the dispute is of a civil nature.

        Held : After having heard the parties, I am of the opinion that there is no merit in this application. Section 32 of the said Act has no application to criminal proceedings. It is only applicable to civil suits by bare reading of the Section. Moreover, the non-applicant No. 1 is a Society registered under the Societies Registration Act and is not a public trust. That being the position it is not necessary for the Society to get itself registered as a public trust. I think anyone in charge of the property of the Society can file a criminal complaint against any damage caused to its property by any criminal act. It is true, that a civil suit No. 58-A/1980 bas been filed for damages by the non-applicant No. 1 against the applicant but that will not bar institution of a criminal case.

        Whether the dispute is only of a civil nature can only be considered after recording evidence in the case and not at this stage. Application rejected.